District of New Jersey • 2:26-cv-06170

#1

May 28, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17471815.), filed by JOSE YOVANI LURIA ALCAZAR. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Brief, # 8 Certificate of Service, # 9 Supplement Order to Show Cause, # 10 Supplement Notice of Appearance, # 11 Civil Cover Sheet)(SANTAMARIA, STERLING) (Entered: 05/28/2026)

#2

May 28, 2026

TEXT ORDER: Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/28/2026. (alg) (Entered: 05/28/2026)

May 28, 2026

Case assigned to Judge Jamel K. Semper. (alg)

May 28, 2026

Text Order

May 28, 2026

Case Assigned/Reassigned

#3

Jun 01, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Jose Yovani Luria Alcazar ("Petitioner"), who is presently detained at the Delaney Hall Detention Facility. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Mexico who initially entered the United States in 2018, was subsequently removed, and reentered the United States approximately two weeks thereafter. Petitioner further alleges that following his reentry, he was taken into custody by U.S. Immigration and Customs Enforcement ("ICE"), released subject to conditions of supervision including the use of an ankle monitor, and remained under such supervision until approximately 2022, at which time he continued to report to ICE through telephonic check-ins. Petitioner asserts that he has filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. He further alleges that on or about May 1, 2026, he was taken into ICE custody and is presently detained pursuant to 8 U.S.C. § 1231. Petitioner contends that his continued detention without an individualized custody determination violates the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act. (Id.) Accordingly, it is hereby ORDERED that Respondents shall SHOW CAUSE, on or before June 8, 2026, why the relief requested in the Petition should not be granted. Petitioner may file a reply within three (3) business days of service of Respondents' response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of entry and shall promptly file proof of service on the docket. It is further ORDERED that Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings absent further Order of the Court. Signed by Judge Jamel K. Semper on June 1, 2026.(mfr) (Entered: 06/01/2026)

Jun 01, 2026

Text Order AND ~Util - Set Deadlines/Hearings

#4

Jun 05, 2026

Notice of Appearance

#5

Jun 05, 2026

Letter

#6

Jun 09, 2026

Letter

#7

Jun 15, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), Respondents' response (ECF No. 5), and Petitioner's reply (ECF No. 6). The record reflects that Petitioner is subject to a reinstated final order of removal and was taken into custody on May 1, 2026 pursuant to a Form I-205 Warrant of Removal following reinstatement of his prior removal order. (ECF Nos. 5-2, 5-3, 5-4.) Accordingly, Petitioner's detention is governed by 8 U.S.C. § 1231. See Johnson v. Guzman Chavez, 594 U.S. 523, 534-40 (2021). Petitioner has not demonstrated that his current detention is unauthorized by statute or otherwise unlawful. Nor has Petitioner shown that there is no significant likelihood of removal in the reasonably foreseeable future. To the extent Petitioner challenges the duration of his detention under Zadvydas v. Davis, 533 U.S. 678, 701 (2001), such challenge is premature because Petitioner has been detained only since May 1, 2026. See id. (recognizing six months of post-removal-order detention as presumptively reasonable). The Court has considered Petitioner's arguments concerning the reasonable-fear process, the alleged withdrawal of his request for a reasonable-fear determination, and Respondents' purported failure to comply with certain statutory or regulatory procedures. (ECF No. 6.) Even assuming the truth of Petitioner's factual allegations, those allegations do not establish that Petitioner's present detention under § 1231 is unlawful or that he is entitled to immediate release through habeas corpus. Habeas relief under § 2241 is available only where a petitioner demonstrates that he is in custody in violation of the Constitution or laws of the United States. See 28 U.S.C. § 2241(c)(3); Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). Alleged procedural deficiencies in the administration of Petitioner's immigration proceedings, without a showing that his custody itself is unauthorized, do not warrant release. To the extent Petitioner seeks relief concerning the reasonable-fear process, withholding-only proceedings, or any alleged defects in those proceedings, such matters must be pursued before the appropriate immigration authorities and through the review procedures established by the Immigration and Nationality Act. Accordingly, it is ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED WITHOUT PREJUDICE; and it is further ORDERED that the temporary restraint on Petitioner's transfer or removal entered on May 28, 2026 and continued by the Court's June 1, 2026 Text Order (ECF No. 3) is VACATED; and it is further ORDERED that the Clerk shall CLOSE this matter. So Ordered by Judge Jamel K. Semper on 6/15/2026. (sms) (Entered: 06/15/2026)

Jun 15, 2026

Order of Dismissal